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EX-DAVIS TREASURER SENTENCED TO 60 DAYS IN HOME CONFINEMENT

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Former Davis County Treasurer Michael D. Porter on Tuesday was given a suspended prison term and ordered to spend 60 days in home confinement in lieu of jail.

Porter, 48, Layton, pleaded guilty in May to a third-degree felony charge of misuse of public money after admitting that he diverted a $5,600 property tax payment to his own use last December.The former treasurer apologized for his actions, saying it has stained his career and family life.

"I'll always be remembered for this," said Porter, who was elected treasurer in November 1990.

"I sincerely apologize to the citizens of the county for my actions. I sincerely regret it," he said after he was sentenced by 2nd District Judge Douglas L. Cornaby.

The former treasurer also said he's sorry about the publicity generated by his action and the effect on other county employees.

Cornaby initially sentenced Porter to zero to five years in prison on the charge, a third-degree felony, then suspended the prison term. The judge also said Porter could spend the 60-day jail term in home confinement instead of in jail.

Cornaby ordered Porter to pay a $1,250 fine and do 100 hours of community service as part of his three-year probationary period.

The presentence report by Adult Probation and Parole workers recommended a 30-day jail term.

Porter's attorney, Terry Cathcart, disputed AP&P's conclusion that Porter minimizes his action and isn't accepting full responsibility.

"Mike feels like his life is devastated right now," Cathcart told the judge, adding that Porter accepts full responsibility.

Porter resigned April 15 when an audit of his department showed he'd endorsed and cashed a $5,600 property tax payment made to the county. The check was a duplicate payment on a warehouse in the Clearfield Freeport Center.

The resignation and audit was followed by an investigation by Weber County Attorney Reed Richards, called in to avoid a conflict of interest with Davis County Attorney Mel Wilson, a long-time friend of Porter's.

Richards said Tuesday he's satisfied with the sentence. Porter paid the $5,600 back to the county immediately after resigning so no restitution is required.

Porter was cooperative during the investigation, Richards said, and he believes the check-cashing incident last December is the only time Porter did it.

Porter, a retired Air Force officer who also has a financial consulting business, said he hasn't worked since his resignation and believes finding a job in the future with a felony conviction on his record will be tough.